Bowman v. U.S.
| Decision Date | 30 August 2007 |
| Docket Number | No. 1:06 CV 1323.,1:06 CV 1323. |
| Citation | 512 F.Supp.2d 1056 |
| Parties | Linden D. BOWMAN, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants. |
| Court | U.S. District Court — Northern District of Ohio |
Robert T. Lynch, Lynch Legal Services, Cleveland Heights, OH, for Plaintiff.
William J. Kopp, Office of The U.S. Attorney, Cleveland, OH, for Defendants.
Pending before the court is Defendants United States of America, et al. (collectively, "Defendants") Motion to Dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). (ECF No. 12.) For the foregoing reasons, the Fed.R.Civ.P. 12(b)(1) motion to dismiss is denied, and the Fed.R.Civ.P. 12(b)(6) motion is granted.
On October 23, 1992, Congress passed Pub.L. 102-484, codified in 10 U.S.C. § 1143a, directing the Secretary of Defense to "implement a program to encourage members and former members of the armed forces to enter into public and community service jobs after discharge or release from active duty." 10 U.S.C. § 1143a(a). Pursuant to this authority, the Secretary of Defense promulgated 32 C.F.R. §§ 77.1-.6, the Program to Encourage Public and Community Service ("Program"). Section 77.4(b)(2) permits qualified former military personnel to accrue additional service credit for retirement through employment with "public or community service organization[s] that provide the services listed in sections 77.3(d)(1) through (d)(12)."1 The Program, however, excludes "organizations engaged in religious activities, unless such activities are unrelated to religious instructions, worship services; or any form of proselytization." 32 C.F.R. § 77.3(a). It also excludes "businesses organized for profit, labor unions, [and] partisan political organizations." Id.
Plaintiff served in the United States Air Force from September, 1977, until he retired in January, 1996. (Am. Compl. ¶ 18, 20, ECF No. 21.) Plaintiff maintains that he retired with approximately seventeen years and three months of service. (Id. ¶ 20.) Plaintiff further states that he began employment with the People's Church of the C & MA ("Church") in Geneva, Ohio in January, 1996, as a lay intern and later as a youth minister and that he was continuously employed with the Church until February, 2001. (Id. 1121-22.)
Plaintiff filed this lawsuit on May 30, 2006. (Comp., ECF No. 1.) In his Amended Complaint,2 Plaintiff alleges that he filed for military service credit under the Program "late in the year 1998," again in November 2002, and once more in October, 2004, by submitting a Validation of Public or Community Service Employment Form ("Validation Form") to the Defense Manpower Data Center ("DMDC"). (Am. Comp. ¶¶ 24-26.)
Plaintiff alleges that "the reason his request for creditable service under the [Program] has not been granted and/or processed is because the form shows on its face that the Plaintiffs employment was with a religious organization and so the employment does not qualify under [32 C.F.R. § 77.3(a)]." (Am.Comp. ¶ 27.) Plaintiff also cursorily alleges that he "engaged in public and community service of the kind described in 10 U.S.C. § 1143a(g) and 32 C.F.R. § 77.3(d)." (Am. Compl. ¶ 23.) Plaintiff, however, acknowledges that "because of the provisions of 32 C.F.R. § 77.3(a) providing that nonprofit organizations `engaged in religious activities' may not be considered a qualifying organization under the [Program], any application ... for creditable service based upon his employment by [the Church] between from [sic] January 1, 1996 and February 28, 2001 would be denied because the activities of the church were related to religious instruction and worship services." (Am.Comp. ¶ 28.)
Plaintiff states that the exclusion contained in 32 C.F.R. § 77.3(a) "is not authorized by 10 U.S.C. § 1143a(g) and is contrary to the purpose and intent of Congress." (Id. ¶ 33.) Additionally, Plaintiff alleges that the regulation's provision barring an early retiree from earning credit toward military service if he works for a religious organization and performs activities related to religious instructions, worship services, or proselytization is unconstitutional on its face and as applied to Plaintiff. (Id. ¶ 31-32.)
Plaintiff asks that the court declare that the exclusion contained in 32 C.F.R. § 77.3(a) is unconstitutional on its face and as applied to Plaintiff. (Id. at 9.) Plaintiff also asks that Defendants be permanently enjoined from enforcing or applying the exclusion contained in 32 C.F.R. § 77.3(a). (Id. at 9.) Finally, Plaintiff asks the court to issue a mandatory injunction directing Defendants to amend Plaintiffs records to indicate he performed public and community service creditable toward his military retirement pension and benefits, based on twenty years of service (Id. at 9.)
On November 21, 2006, Defendants filed the pending Motion to Dismiss. (ECF No. 12.). In its Motion, Defendants argue: (1) this court lacks subject matter jurisdiction because Plaintiff lacks Article III and prudential standing; (2) this court lacks subject matter jurisdiction because Plaintiff's as-applied and facial Equal Protection challenges to 32 C.F.R. § 77.3(a) are barred by the statute of limitations; and (3) Plaintiff fails to state a claim upon which relief can be granted because the regulation would violate the Establishment Clause if it did not contain language excluding an early military retiree from earning retirement credit if he works for a religious organization and performs activities related to religious instructions, worship services, or any form of proselytization. (Mot. to Dismiss at 7, 8, 11.).
Plaintiff filed an Opposition to Defendants' Motion to Dismiss on December 26, 2006. (Pl.'s Mot. Opp'n, ECF No. 14.). In his Opposition, Plaintiff argues: (1) he has Article III and prudential standing because he timely submitted his application for benefits; (2) his claim is not barred by the statute of limitations because his cause of action never accrued as there was never a final agency action rendered on his application; and (3) the regulation would not violate the Establishment Clause if it allowed' an early retiree to earn military retirement credit for working at a religious organization and performing religious activities related to religious instructions, worship services, and proselytization. (Id. at 4-9.)
A defendant may challenge the court's subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1). The plaintiff has the burden of proving the court's subject matter jurisdiction. Rogers v. Stratton Indus., 798 F.2d 913, 915 (6th Cir. 1986). In the context of a Rule 12(b)(1) motion, "[a] court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." Hishon v. King & Spalding, 467 U.S. 69 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984) .
Under Fed.R.Civ.P. 12(b)(6), the court examines the legal sufficiency of a plaintiffs claim. See Mayer v. Mylod, 988 F.2d 635, 638 (6th Cir.1993). Courts reviewing a 12(b)(6) motion must accept the well-pled factual allegations of the complaint as true and construe all reasonable inferences in favor of the plaintiff. See Miller v. Currie, 50 F.3d 373, 377 (6th Cir.1995). The court, however, need not accept "conclusions of law or unwarranted inferences cast in the form of factual allegations." Czupih v. Card Pak, Inc., 916 F.Supp. 687, 689 (N.D.Ohio 1996). Ultimately, a complaint may be dismissed only if "the plaintiff undoubtedly can prove no set of facts in support of his claim that would entitle him to relief." Columbia Natural Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th Cir.1995).
In its Motion to Dismiss, Defendants argue that this court lacks subject matter jurisdiction pursuant to Fed. R.Civ.P. 12(b)(1) because Plaintiff does not have standing to bring this action (Defs.' Mot. to Dismiss at 7.) In order to establish standing, a plaintiff must satisfy both Article III of the U.S. Constitution and prudential standing requirements.
Standing under Article III requires a plaintiff to demonstrate: "(1) an injury in fact that is actual or threatened; (2) a causal connection between the defendants' conduct and the alleged injury; and (3) a substantial likelihood that the injury will be redressed by a favorable decision." Huish Detergents Inc. v. Warren County Ky., 214 F.3d 707, 710 (6th Cir.2000) (citing Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992)). In his Amended Complaint Plaintiff alleges:
[b]ut for the provision of 32 C.F.R. § 77.3(a) excluding employment with "organizations engaged in religious activities" from the Community Service Program, the Plaintiff would be entitled to credit toward his military retirement benefits. ... [and] Plaintiff would be entitled to receive 50%"of his base military pay upon reaching the age of 62.
(Am.Comp. ¶ 28, 29.). These two paragraphs themselves satisfy Article III as they state: (1) that Plaintiff is injured because he did not receive benefits as a result of the classification drawn in the statute; (2) that Defendants are responsible as the creator of the regulation; and (3) that invalidating the statute...
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